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Extra-legal and legal governance of international transactions

Any agreement, treaty or commercial transaction needs to be governed in order to work. The New Economics of Organisation literature glosses over the fact that different parts of the same transaction may be governed in different ways. In contrast, this thesis argues for the existence of "hybrid transacting" and presents two international bargaining cases to illustrate how interstate agreements are entered into legally, but enforced extra-legally. Given that the enforcement of international agreements is extra-legal, this thesis presents two lines of argument that are designed to answer the question, why do states enter into their agreements with other states in a legal way? It is suggested that treaty law offers states two important advantages. First, treaty law is a solution to an "information ordering" problem. Second, it is suggested that treaty law operates as a baseline against which reputation can be assessed.

Identiferoai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.26730
Date January 1996
CreatorsDavies, John, 1972-
ContributorsHaskel, Barbara (advisor)
PublisherMcGill University
Source SetsLibrary and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada
LanguageEnglish
Detected LanguageEnglish
TypeElectronic Thesis or Dissertation
Formatapplication/pdf
CoverageMaster of Arts (Department of Political Science.)
RightsAll items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated.
Relationalephsysno: 001556357, proquestno: MQ29538, Theses scanned by UMI/ProQuest.

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